Presnell v. Headley
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) Said deed of trust and trustees’ deed are void for uncertainty in description. Neither of them describes the land sued for. A more glaring attempt to make a deed, by the court, can not be found in the books.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) Said deed of trust and trustees’ deed are void for uncertainty in description. Neither of them describes the land sued for. A more glaring attempt to make a deed, by the court, can not be found in the books. (2) The rule of law is, “if an estate can not be ascertained by the description in the grant, the deed fails altogether.” 3 Washburn on Real Property, 426, 428; 2 Devlin on Deeds, sec. 1010; 6 Peters, 345; 10 Wallace, 270; 6 Gray, 554. (3) That parol evidence is not admissible to contradict, add to, subtract from,…
1Opinion of the CourtBkace, J.
— This is an action in ejectment to recover the possession of certain real estate situate in the city of Springfield, Greene county, Missouri, described in the petition as being part of the north one half of the northwest one fourth of section 14, township 29, range 22, and contained within the following metes and bounds: “Commencing at the northwest corner of said section and running thence south forty-five and one half rods, thence east one hundred and sixty rods, thence north five and one half rods, thence west eighty-eight rods, thence north forty rods, thence west seventy-two rods to the…
2Cases cited12 opinions
- Shewalter v. PirnerSupreme Court of Missouri · 1874
- Burnett v. McClueySupreme Court of Missouri · 1883
- Thomson v. ThomsonSupreme Court of Missouri · 1893
- Gibson v. BogySupreme Court of Missouri · 1859
- Cooley v. WarrenSupreme Court of Missouri · 1873
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3Cited by8 opinions
- McMahan v. HubbardSupreme Court of Missouri · 1909
- Fancher v. ProckSupreme Court of Missouri · 1935
- Ryland v. BanksSupreme Court of Missouri · 1899
- Bock v. Sheahan Investment Co.Supreme Court of Missouri · 1967
- State Ex Inf. Gentry v. Hughesville Special Road DistrictSupreme Court of Missouri · 1928
3 more not listed; retrieve them via the Exa API.